The Delhi High Court today directed Facebook, Google and the Government of India to submit their suggestions and methods to protect the rights of minors using social networking websites..A Division Bench comprising of Justices B.D. Ahmed and Vibhu Bhakru issued the directions in the writ petition filed by K. N. Govindacharya (K.N. Govindacharya v. Union of India & Ors, WP (c) 3672/2012). Govindacharya had approached the Court contending that minors opening accounts with social networking sites violated the Indian Contract Act, 1872, the Indian Majority Act, 1875 and the Information Technology Act, 2000. The Court had earlier sought an explanation from the Central Government as to how minors had been allowed to create accounts on social networking sites such as Facebook..Advocate Virag Gupta, appearing for the petitioner, contended that the Government’s approach to the issue is nonchalant and not befitting the seriousness of the issue as was evident from the reply filed by them..Advocate Sumeet Pushkarna appeared for the Government of India. During the course of the arguments, it was brought to the notice of the Court that in the USA, the Children’s Online Privacy Protection Act, 1998 existed to protect children below 13 years of age when websites collected information from such children. Since there was no such statute in India, the Court observed that protective measures should be taken to ensure that minors using social networking websites in India are protected from unscrupulous elements..The Court, therefore, directed Facebook, Google and the Central Government to suggest measures to ensure that the rights of minors using social networking websites are protected. The matter has now been listed for July 16, 2013.
